Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistrate sentencing procedure

Legal area

Court

3 Mar 1982

CHEUNG NAI-HON v. THE QUEEN

Citation

CHEUNG NAI-HON v. THE QUEEN
Court

Court of Appeal
Case number

CACC72/1982

Because the appellant was a 15‑year‑old first offender and there was no violence, and because the magistrate ordered caning without obtaining a medical report or background/probation information, the caning sentence was improperly imposed; conviction and sentence were therefore set aside and probation imposed.
29 Sept 1971

CHAN KAM SANG v. THE QUEEN

Citation

CHAN KAM SANG v. THE QUEEN
Court

Court of Appeal
Case number

CACC473/1971

Magistrate erred in treating charges 4 and 5 as taken into consideration despite the appellant's guilty pleas; where guilty pleas are entered the offender should be sentenced on those offences, but to avoid extending actual custody the court ordered concurrent sentences of three months on each of the 4th and 5th charges to run concurrently with the six months imposed on the first charge.